Судове красномовство античності як дискурсивна практика: Лісій
The author attempts to examine the features of judicial eloquence of antiquity through the prism of analysis of speech Lysias.
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The author attempts to examine the features of judicial eloquence of antiquity through the prism of analysis of speech Lysias.
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The law as a border concerns both acts of man and the power and a territory of a state. The law as a border is a social institution more sophisticated than it seems to be in traditional concept of legal positivism and Austin’s point of view. In the state law there are many borders (in criminal law, civil law, administrative law, procedural law relating to terms, freedoms and rights, obligations, going to court, and on the other hand, competences/authorities of public offices etc.). In a narrow sense the law as a border is the state law, which establishes borders of human act and behavior through the sphere of legally allowed, forbidden and ordered acts creating institutionalized legal sanctions for the break of the border and non-respect for legal norms. In a wide sense the law as a border is also mine – „my” law, “internal” law (Petrazycki’s psychological theory of law), making one’s the rules of behavior and relating to the state law (the law as a border in a narrow sense) in many ways. Customary law (also religious law) and international law are very specific branches of the law. I maintain that the law as a border must be supported by other normative systems such as morality, religion etc.
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What is usually acknowledged as a topicality indication of Gustav Radbruch’s legal philosophy is the theoretical interest in and practical application of his ideas – known as the Radbruch’s formula – on abominable law, statutory non-law and the refusal to apply it by public authorities, the judiciary in particular. The article main argument is that we can point to other than Radbruch’s formula elements in his philosophy of law which are still applicable and present in the recent discussion on the concept of law itself, its validity and application. What this means is basic to Radbruch’s thought the distinction between the concept of law (Rechtsbegriff), the idea of law (Rechtsidee) and the relationship between the two. The solution accepted by Radbruch in this matter is very broadly applied by the representatives of the nonpositivist concept of law. However, the solution may be ascribed a more general meaning, which manifests itself in the ‘claim to correctness problem’ (Anspruch auf Richtigkeit). Such a claim has to be an element not only of law itself but also of all legal statements including acts of applying the law. The point I endeavour to defend is that out of the three interpretations of the claim to correctness problem, the one which refers not only to the correctness of legal order and law application acts, but also to lawyers’ professional obligations and responsibility is the best justified. This is because such a view most fully addresses the challenges of modern law, which has become increasingly professional in character, but on the other hand more prone to factors typical to fully professionalised walks of life – to critical factors especially. The question of how much the interpretation is compatible with Radbruch’s perspective, is beyond the scope of this analysis. However, some arguments suggesting higher degree of concordance will be presented.
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Under the subjective factors, that is, the subjects of national security, we mean those factors (entities) who have awareness of themselves, their environment and their influence on the environment, and they come from people, human groups, organizations and institutions, and affect national security. Subjective factors of national security are divided into threats and entities for reaching, preserving and developing national security. In this paper, the author deals with the subjects of endangering national security in a way that points to the nature of these factors, and then to the division into internal and external ones. After that, the author gives an explanation of each of the subjective factors and the manner of their threat to national security. The author devotes particular attention to the organized criminal groups as subjective factors of endangering national security.
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Prof. dr. sc. Mirjan Damaska (born in Brežice, October 8, 1931), for his stay in Zagreb in 2001, during the month of June, he held a three-day lecture at the Faculty of Law, University of Zagreb, for students of postgraduate studies in criminal law. The lecture was tone recorded, and the book was created as a result of the transcript of it. Prof. dr. sc. Mirjan Damaska has shared his rich experience of experts in the field of comparative, international criminal law, which he has acquired as a lawyer and university professor, both in Zagreb and at the Faculty of Law of the University of Yale (USA) with students for staying at the Law Faculty in Zagreb, as he himself states, thirty years of retirement. Book publisher is the Faculty of Law in Zagreb, the book was published in 2001 and numbered 81 pages.
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In this chapter, our intention is to summarize the structure of the work of lawyer Mr Novović. The work '' INDIVIDUAL REQUIREMENTS FOR THE COMPENSATION OF HARMONY IN HUMANITARIAN LAW '', in addition to the foreword to the reviews, contains the following topics:1) Introduction to the problem of humanitarian law;2) Court dispute over the bombing of the bridge in Varvarin;3) The position of the problem within the framework of humanitarian law - the consideration of issues related to the violation of humanitarian rights, which are relevant for the achievement of civilian compensation;4) Violation of the individual primary right of victims;5) Individual protection securitization law - securitization requirements. (in this chapter, the author has dealt with over 20 problems of humanitarian law after the Second World War to date);6) Law and protection law (this issue is widely addressed within the National Courts, Great Britain, Italy, Germany, Greece, Japan, America, and other countries);7) Forced laborers in Germany (deutsche, zwangs arbaiten);8) Ex gratia and solatio-compression (this issue is discussed by the author as a paradigm in the Netherlands and Israel, and analyzes the Hague Agreement, as well as the protocol of the Geneva Convention);9) Solidarity - Allegiance to the Allies;10) The author gives a special concluding remark, with annexes of the list of used literature.
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After the years of an indiscriminate Globalization, it is to see if a universal statute of international law does really exist. Under a substantial aspect, the so called ‘Global Law’ didn’t come to be an accurate law-system. And this for several reasons: first of all, the problems of settlement, accountability, justiciability of the decisions (in a broad sense) are yet to solve. All that is so despite the fact, the Global Law is not considered formally a de iure cathegory. Other eminent Authors tried to take the concept of ‘Universal Constitution’ out from the main acts of international law, with special regard to the UN norms. The argued arguments are remarkable and in some way very original. Thank to these theories, it is possible to establish some compass points in the relations between international and regional institutions, for example UN and European Union. The fact is that no one can affirm the existence of an undiscussed (or at least most accepted) authority at international level. Notwithstanding a new kind or relations between these actors is now arising: ius gentium or ius inter gentes?
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The article reviews the ‘religious communities' arrangement’ in Israeli family law, an arrangement that divides the citizens of Israel into religious communities, regulating their affairs of ‘personal status’ in separate religious courts, adjudicating in accordance with religious law. The article demonstrates that the Arrangement defies the concept of state sovereignty, as it is not based on ‘Westphalian’ concepts of space and territory, but on a different concept, originated in Israel's history, and Islamic pre-modern concepts such as ‘umma’ and ‘millet’ – The ecclesiastical community of believers defying perceptions of political boundaries, and other communities of non-believers, subjected to it. The article concludes with a possible justification for this challenge of the state's sovereignty, rooted in ideas of legal pluralism.
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Treatise on prescriptive and sociological-legal levels of the aspects, consequences, force and effect of the Constitution of the SR in the years 1992-2012. In the course of four months of the year 1992 the Constitution acted as a basic law of the national republic statehood of the SR within CSFR, it provided the form of legal extinction of federation and the rise of two sovereign republics. As a constitution of a sovereign state it was in force by the year 2004, until the accession of the SR to the EU. Twenty years of history of the SR Constitution were marked by ten constitutional amendments to the supreme law. The changes occurred in the period between 1998 to 2001. The Slovak Republic as an International entity is morally and legally continual with the Slovak, national and anti-fascist statehood.
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This year we celebrate the quincentenarian anniversary of the 1517 printed edition of the Tripartitum. In his book with legal authority in Hungary for centuries, Werbőczy used various terms to designate ius commune. In the Tripartitum, there are different terms, such as ius commune, lex communis, communis opinio, etc. In this paper, the author shows that these terms, especially ius commune and lex communis are referring to well-known authors of the ius commune (Bartolus, Baldus, A. Aretinus), although their names are not mentioned. In accordance with the long-standing European legal tradition, these terms are synonyms of ius commune in Hungary, as well. In Werbőczy’s Tripartitum, ius commune as a legal term is not referred to the common law of the Kingdom (decreta generalia), but to the European ius commune.
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During the period after World War I, the state's interference in the relations of Civil Law and economic procedures was extremely limited. The commonly accepted understanding was that the price of the different commodities was regulated by the effect of demand and supply. Any intervening could only be temporary and in cases if a catastrophic circumstance occurred. As opposed to this, if these processes were so severe, that they affected the economic life due to their longitude and magnitude, then the need for regulation arose. The same thing occurred after World War I, which had a long-lasting effect on Civil Law, especially if we take the economic separation and the changes in the production and consumption processes into account. All of these made the appropriate regulation of the matter of prices a necessity. It can be assessed that the state proved to be extremely strict when it came to sharking profiteering cases in the economic life. The war and the following economic relations upstaged the individual needs. To protect the consumers, several actions deemed to be punishable, if certain ploys resulted in unfair profiteering incompatible with contemporary economic morals.
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The author analyzes in the first part of his article the influence of the Byzantine legal tradition on the development of private law in Georgia. Special emphasis is given to the code (compilation) of king or emperor Wachtang VI in the first half of the 18th century. The comprehensive code of Wachtang VI is based mainly on Byzantine law. In the second part of the study the structure, the main institutions as well as the sources of the Georgian Civil Code promulgated and put into effect in 1997 are analyzed. The author outlines that the redactors of this code availed themselves of the scholarly achievements of the German pandectist legal science based substantially on Roman law tradition. The redactors of the Civil Code of 1997 took into consideration the French Civil Code, the German Civil Code, the Italian Civil Code of 1942 as well as the New Dutch Civil Code. The redactors of the Georgian Civil Code did not adopt the concept moniste whereby the Civil Code of Georgia is no code unique ? unlike the Italian Civil Code of 1942 and the New Dutch Civil Code.
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The views concerning the Roman law concept of ius naturale basically come into two groups. Some authors accept the existence of ius naturale as practically binding law, whereas others regard it a pure philosophical Gedankenexperiment. This twofold state of ideas on ius naturale are fuelled for the most part by the contemporary Meinungsklima, though primary sources also raise some important issues of interpretation, increasing obscurity of this notion. In this paper we set out to give a brief outline of the abstract approach and concept of ius naturale put forward by Ulpian at the beginning of the Digest. In addition, we also try to follow the reflections and evaluations by secondary authors on this topic, trying to collect the most common arguments and counter-arguments of this topic.
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Criminal offenses committed against road safety in the Republic of Albania have brought about harmful consequences to human life, health and assets and not only to them. This topic has been selected as a field of scrutiny based on the highest interest it bears to human life as well as with the prospect to render the least contribution possible to the enrichment of Albanian criminal law opinion with special view on criminal offences committed against road safety. Understanding road types and sense based on Albanian customary law occupy a special place in this work paper.Relying on the current criminal law, knowledge and analysis of the criminal offences regarding the violation of road traffic rules in Albania, with special focus on years 2004-2015, the Albanian monarchy and the post period of the Second World War comprise an important element of this work paper.
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Review of: Philipp Spiller, Personalpolitik beim Berliner Kammergericht von 1933 bis 1945 Berlin: BWV 2016, 285 S., ISBN 978-3-830-3470-9
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Review of: Detlev Fischer, Rechtshistorische Rundgänge durch Karlsruhe. Residenz des Rechts (Heft 10 der Schriftenreihe des Rechtshistorischen Museums Karlsruhe, herausgegeben von Detlev Fischer und Marcus Obert) Dritte, erweiterte Auflage, Karlsruhe: Verlag der Gesellschaft für Kulturhistorische Dokumentation e.V., 2017, 201 S., ISBN 978-3-922596-26-4
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Review of: Patricia Zambrana Moral, El transporte en la Ordenanza de la marina francesa de 1681 Navarra/Spanien: Thomson Reuters, Editorial Aranzadi, 2015, 173 S., ISBN 978-84-9098-000-2
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